n- 400 5 year rule/ lots of questions

[mushroomspore 3,043]

Just now, jhhss said:

I always understood that as the spouses have kinda "early priority" because is family based.. but again, that is only my interpretation!

 

I was just a dumbass and lazy for not applying two years ago... smh

I think that's sort of the gist. In any case, @Going through just clarified so my interpretation was not entirely right. I stand corrected! Also, my apologies if my tone came across as harsh. I was just confused as to why you hadn't filed N400 already but it's a moot point.

 

For your interest: USCIS' page with their guide to naturalization if you want a more in-depth understanding of the process. 

[Going through 5,669]

4 minutes ago, mushroomspore said:

Isn't that the case because the 3-year rule only applies to people who got permanent residency through their spouses and are still married to said spouse?

The 3 year rule gives the foreign spouse an earlier filing opportunity, but a spouse (still married to the original petitioner) can use the 5 year rule as well.

 

It's been reported in the USCIS IO policy manual that those who apply using the 3 year rule (when they were residents for 5 or more years) that the IO is to adjudicate the application based on the 5 year residency rule..maybe 'cause it's less work for them in the end, who knows  

 

Even applying under the 5 year rule, the IO does look back at how the GC was initially obtained in the first place in an attempt to make a last-ditch effort in ensuring the GC was properly approved beforehand.

[jhhss 4]

2 minutes ago, mushroomspore said:

I think that's sort of the gist. In any case, @Going through just clarified so my interpretation was not entirely right. I stand corrected! Also, my apologies if my tone came across as harsh. I was just confused as to why you hadn't filed N400 already but it's a moot point.

 

For your interest: USCIS' page with their guide to naturalization if you want a more in-depth understanding of the process. 

It's all good! USCIC is a mystery and they are so good on being dubious and making us nervous... we are here to share our opinions, experiences and point of views. I am ALWAYS very insecure when it comes to immigration and want to do everything right... 

[Going through 5,669]

11 minutes ago, jhhss said:

I was just a dumbass and lazy for not applying two years ago... smh

Don't feel bad.  I waited over 12 years.

At my oath ceremony, I met a fellow who'd been a LPR for over 30 years.  He said he finally got tired of paying fees.

[jhhss 4]

3 minutes ago, Going through said:

Don't feel bad.  I waited over 12 years.

At my oath ceremony, I met a fellow who'd been a LPR for over 30 years.  He said he finally got tired of paying fees.

 

Wow, 30 years is a long time! And I was looking at your timeline and your process was super fast, and I was happy to see it was done online and under 5 year rule. Thats awesome and very assuring! Thanks for still spend time here at VJ sharing your experience!

[Going through 5,669]

9 minutes ago, jhhss said:

 

Wow, 30 years is a long time! And I was looking at your timeline and your process was super fast, and I was happy to see it was done online and under 5 year rule. Thats awesome and very assuring! Thanks for still spend time here at VJ sharing your experience!

I like the community feel of this place, so I stuck around.  

 

I also have very little of a life, these days.  So it's a way of connecting with others on a bit of a social level for me too.

 

 

 

Boy, that sounded really pathetic re-reading that lol

[richardkorea2010 15]

I applied in June 2017. Got my green card through marriage in July 2012. When I had my interview, my interview officer told me instead of applying under the 3 year rule as I did, she was changing it to the 5 year rule, because it would require less paperwork. 

 

So so she checked the 5 year box and initialed it. Told me if I applied under the 3 year rule she would have had to look at Everything (marriage certificate, proof of marriage, taxes, bank account, mortgages, etc, ] but because I was here for 5 years, She didn’t even look at my taxes, just looked at my drivers license, and green card.

 

just got naturalized last month, so I think the 5 years are less stressful. 

 

Good luck! 

 

[mushroomspore 3,043]

2 hours ago, Going through said:

I like the community feel of this place, so I stuck around.  

 

I also have very little of a life, these days.  So it's a way of connecting with others on a bit of a social level for me too.

 

 

 

Boy, that sounded really pathetic re-reading that lol

Don't be ashamed. I'm a writer, which really means I'm already on the Internet a lot for "research". I don't get out much either.

 

Also, this thread is making me consider doing the 5-year thing too. I've already been here for 5 years so if I get my GC soon, that would make it a decade-long journey to citizenship. 

Edited July 12, 2018 by mushroomspore

[Russ&Caro 1,548]

12 hours ago, jhhss said:

Dude, you are THE BEST!!! THANK you for not bulling me 

I'm more at ease now, Thank you thank you!

Did you mean bullying or billing? I guess either one might work depending on what your expectations were. 

[CarlHamilton 252]

13 hours ago, mushroomspore said:

@jhhss What I'm trying to say is that you could have filed N400 in 2015 (3 years after you received your first GC). Yes you have been a resident for 5 years total. The 3 year rule is for the group of people who are still married to the original US citizen who petitioned for permanent residency. You are in this category. The 5 year rule is for people petitoned through employment and non-spousal processes. You got your GC through your spouse and are still married to him. If it were me, I'd check (b).

 

It's a technicality. It doesn't really matter at this point though.

This is just wrong.  OP, please ignore this. 

[ohio.villa 5]

My husband just got his citizenship based on the five-year rule. It was SO MUCH EASIER to not have it based on our marriage. Definitely the right way to go if you've already put in the time!

[Pee&Eee 70]

15 hours ago, richardkorea2010 said:

I applied in June 2017. Got my green card through marriage in July 2012. When I had my interview, my interview officer told me instead of applying under the 3 year rule as I did, she was changing it to the 5 year rule, because it would require less paperwork. 

 

So so she checked the 5 year box and initialed it. Told me if I applied under the 3 year rule she would have had to look at Everything (marriage certificate, proof of marriage, taxes, bank account, mortgages, etc, ] but because I was here for 5 years, She didn’t even look at my taxes, just looked at my drivers license, and green card.

 

just got naturalized last month, so I think the 5 years are less stressful. 

 

Good luck! 

 

Hi!

Does the 3-year rule start on the day you got your Green Card? or from the date, you married your spouse?

[Going through 5,669]

8 minutes ago, PrisEri said:

Hi!

Does the 3-year rule start on the day you got your Green Card? or from the date, you married your spouse?

From the issue date on your green card, minus the 90-day window for early filing if you want to file sooner.

Edited July 12, 2018 by Going through

[evapaula 230]

no point in applying on the 3 year rule when you've been a resident for over 5. And with the online application, having selected the 5 year rule, the form will ask you for only the necessary documents (very few) so you don't even have to worry that you're missing anything. 

I applied online (mine was the 3 yrs rule) and just had my interview this week, and I'm telling you,  the online application is a breeze! 

[jkstark 97]

As others have said, you may apply under either rule - I did mine on the 5 year rule simply because it took less work and less paperwork - even though I'd been married to the same spouse throughout.  I think I'd been a GC holder for 16 years by that point - can't remember exactly right now...

 

As a 5 year applicant, I had taxes printed out as well as a bunch of other paperwork, but at the interview they only were interested in travel during the time (which I didn't have exact records of in any case, but rough estimates).  I did have my wife's passport with me because she had more stamps for departure/entry to the US on her's than I did in mine, and I may have shown that as partial evidence - don't recall.  The interview was done about 15 minutes ahead of schedule since the previous interviewee was a no-show, and I was back out of the USCIS office before my scheduled appointment time, with an oath ceremony notice in hand - for 12 days later, which included the new year's holidays.

 

Yes - my process to get to the interview took a long time (my oath was a few weeks shy of one year from application) but once it started to move, it went quickly.  No fuss, no hassles, no mountain of evidence or other paperwork.